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ŠThis comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual viole
This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
"An extensive collection of significant documents covering all major and minor issues and events regarding terrorism. Government reports, executive orders, speeches, court proceedings, and position papers are presented in full text reprint." (Oceana Website)
D Types of war.
Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001. In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.
This title examines the international lawfulness of state-sponsored targeted killings in military and police operations. Analysing recent state practice and jurisprudence, it establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.
A former Marine judge advocate and legal counsel to General Colin Powell, James Terry explores the genesis of the United States approach to terror violence and the legal foundation for the nation’s response to the conflicts in Afghanistan and Iraq. Terry first reviews the entire spectrum of legal issues that arise before offering creative and practical legal and political solutions to counter terrorist activities. The author examines the development of rules of engagement and their application in the terrorist environment while differentiating the law of self-defense in this environment from more traditional conflicts. He also addresses the role of interrogation, and the line between harsh interrogation and torture, and the jurisdictional claims that arise. This volume examines a large number of topics related to the struggle and in a remarkably concise exploration, makes them understandable to experts in international law as well as those who do not have a strong background in the field. This text provides a serious but concise review of the legal issues in 20 interrelated chapters. All constitutional law scholars and political scientists will greatly benefit from reading this book. No other text offers such a comprehensive or detailed review of the issues arising from the war on terror.
The laws of war have always been concerned with issues of necessity and proportionality, but how are these principles applied in modern warfare? What are the pressures on practitioners where an increasing emphasis on legality is the norm? Where do such boundaries lie in the contexts, means and methods of contemporary war? What is wrong, or right, in the view of military-political practitioners, in how those concepts relate to today's means and methods of war? These are among the issues addressed by James Gow in his compelling analysis of war and war crimes, which draws upon research conducted over many years with defence professionals from all over the world. Today more than ever, military strategy has to embrace justice and law, with both being deemed essential prerequisites for achieving success on the battlefield. And in a context where legitimacy defines success in warfare, but is a fragile and contested concept, no group has a greater interest in responding to these pressures and changes positively than the military. It is they who have the greatest need and desire to foster legitimacy in war by getting the politics-law-strategy nexus right, as well as developing a clear understanding of the relationship between war and war crimes, and calibrating where war becomes a war crime.